TERMS OF USE

Updated as of April 8, 2024

These terms of use (“Terms”) constitute a legal agreement between you (“User” or “You”) and Minnetonka Murals LLC (“Company,” "our," “we,” or “us”) governing your access to and use of the website www.TaraAiken.com (the “Website”), including any content, functionality, products, and services offered on or through the Website, whether as a guest or registered user.

Acceptance of the Terms of Use

Please read these Terms carefully before accessing or using the Website. By accessing or using the Website, or by clicking to accept or agree to these Terms when this option is made available to you, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy incorporated herein by reference. If you do not agree to these Terms or the Privacy Policy, you must not access or use the Website.

Eligibility

This Website is not offered to minors. By accessing or using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms of Use

We reserve the right to revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them on the Website, and your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page periodically to stay informed of any updates, as they are binding on you.

Access and Account Security

We reserve the right to withdraw or amend the Website, and any service or material we provide, in our sole discretion without notice. We will not be liable if any part of the Website is unavailable at any time or for any period. We may restrict access to some parts of the Website, or the entire Website, to users from time to time.

You are responsible for:

Ensuring that all persons who access the Website through your internet connection are aware of and comply with these Terms of Use.
Safeguarding your account credentials and ensuring their confidentiality.
Notifying us immediately of any unauthorized access to or use of your account or any other breach of security.
Exiting from your account at the end of each session, particularly when using a public or shared computer.

In order to access certain features or resources of the Website, you may be required to provide registration details or other information. By using the Website, you agree that:

All information you provide on the Website is accurate, current, and complete.
Your provision of information is governed by our Privacy Policy, and you consent to our actions regarding your information in accordance with that policy.

If you are provided with a username, password, or any other security information, you must:

Maintain the confidentiality of such information and refrain from disclosing it to any other individual or entity.
Acknowledge that your account is personal to you and agree not to grant access to any other person or entity.
Notify us immediately of any unauthorized access to or use of your account, username, or password, or any other security breach.
Ensure that you log out from your account at the conclusion of each session, particularly when accessing the Website from a public or shared computer.

We reserve the right to:

Disable any username, password, or other identifier, whether chosen by you or provided by us, at our discretion and without prior notice, for any reason, including if we believe you have violated these Terms of Use.

Intellectual Property Rights

The Website and all its contents, features, and functionalities, including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof, as well as any goods or services sold through the Website, are the exclusive property of the Company, its licensors, or other providers of such material. They are protected by both United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Your use of the Website is permitted solely for personal, non-commercial purposes under these Terms of Use. You are prohibited from reproducing, distributing, modifying, creating derivative works of, publicly displaying, publicly performing, republishing, downloading, storing, or transmitting any material on our Website for any commercial or non-personal purpose without the express written permission of the Company.

You may not access or use any part of the Website or its services or materials for commercial purposes without obtaining prior written consent from the Company.

In the event of a breach of these Terms of Use, if you print, copy, modify, download, or otherwise use or provide access to any part of the Website without authorization, your right to use the Website, along with any materials obtained through it, will be immediately terminated, and you must, at our discretion, either return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content made available on or through the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any unauthorized use of the Website or our intellectual property constitutes a breach of these Terms of Use and may infringe upon copyright, trademark, and other applicable laws.

Trademarks

The Company name, trademarks, logos, and all associated names, product and service names, designs, and slogans are proprietary trademarks owned by the Company, its affiliates, or licensors. You are strictly prohibited from using such marks without obtaining prior written permission from the Company. All other names, logos, product and service names, designs, and slogans appearing on this Website are the trademarks of their respective owners.

Prohibited Uses

You are permitted to use the Website solely for lawful purposes and in accordance with these Terms of Use. By accessing or using the Website, you agree not to:

Violate any applicable federal, state, local, or international law or regulation, including laws regarding the export of data or software to and from the US or other countries.
Exploit, harm, or attempt to exploit or harm minors in any way, including by exposing them to inappropriate content or soliciting personally identifiable information.
Transmit or procure the sending of any advertising or promotional material, including junk mail, chain letters, spam, or any other similar solicitation.
Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or that may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the site, or interfere with any other party’s use of the Website, including their ability to engage in real-time activities through the Website.
Employ any automated tools, such as robots, spiders, or other automatic devices, processes, or means, to access the Website for any purpose, including monitoring or copying any material on the Website.
Engage in manual processes to monitor or copy any material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Utilize any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.

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Monitoring and Enforcement; Termination

We reserve the right to monitor the use of the Website to ensure compliance with these Terms of Use. In the event of any violation or suspected violation of these Terms of Use, we may take appropriate legal action, including but not limited to referral to law enforcement authorities. We also reserve the right to terminate or suspend your access to all or part of the Website for any reason, including without limitation, any violation of these Terms of Use.

Furthermore, we may cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone suspected of violating these Terms of Use or posting any materials on or through the Website.

By using the Website, you acknowledge and agree that we have the right to take any necessary actions to enforce these Terms of Use and protect our rights and the rights of other users of the Website. You hereby waive and hold harmless the Company and its affiliates, licensees, and service providers from any claims resulting from any action taken by us or any of the foregoing parties during, or taken as a consequence of, investigations by either us or law enforcement authorities. We shall have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.

If you believe that any material posted on the Website violates your copyright, please notify us immediately by contacting us through the information provided below. It is the policy of the Company to promptly address and respond to copyright concerns.

Upon receiving proper notification of alleged copyright infringement, we will take appropriate action, which may include removing or disabling access to the allegedly infringing material. We may also terminate the accounts of users who are found to be repeat infringers.

Please note that any notification of copyright infringement must comply with the requirements of the Digital Millennium Copyright Act ("DMCA") or similar laws in other jurisdictions. In accordance with the DMCA, your notification must include:

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.

Please be aware that under applicable law, you may be liable for damages (including costs and attorneys' fees) if you knowingly misrepresent that material is infringing your copyright.

For copyright inquiries and notifications, please contact us through the contact information provided in these terms.

Reliance on Information Posted

The information presented on or through the Website is provided for general informational purposes only. While we strive to ensure the accuracy, completeness, and reliability of the information, we make no warranties or representations regarding the accuracy, completeness, or usefulness of any information on the Website. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

Changes to the Website

We reserve the right to update, modify, or discontinue any aspect of the Website, including but not limited to its content, features, or functionality, at any time without prior notice. We may also change or revise these Terms of Use at any time by updating this page.

Please note that while we endeavor to periodically update the Website, we do not guarantee that all information provided will be complete, accurate, or up to date. It is your responsibility to check this page periodically for changes. Your continued use of the Website following the posting of any changes constitutes acceptance of those changes. If you do not agree to any changes to these Terms of Use, please discontinue your use of the Website.

Information About You and Your Visits to the Website

Minnetonka Murals LLC is committed to protecting your privacy and ensuring the security of your personal information. All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Purchases and Refunds

All purchases through our site or other transactions for the sale of goods or services are final unless otherwise stated in your contract for services agreement. Additionally:

Sales Transactions: All purchases made through our website or other online platforms are considered final at the time of sale, unless otherwise stated. By completing a purchase, you agree to pay the specified price for the selected goods or services.
Refunds: All purchases through our site or other transactions for the sale of goods or services are final unless otherwise stated in your contract for services agreement. If you have a contract, please review it carefully before signing and making a purchase.
Cancellation: If you wish to cancel an order before it has been processed and shipped, please contact us as soon as possible. We will make every effort to accommodate your request, but we cannot guarantee cancellation once an order has been processed.
Delivery and Shipping: Delivery times may vary depending on your location and preferred shipping method. We strive to fulfill orders promptly and provide accurate shipping estimates. However, we are not responsible for delays caused by third-party shipping carriers or unforeseen circumstances.
Damaged or Defective Items: In the event that you receive damaged or defective items, please contact us immediately to find a resolution. Resolutions may consist of, but do not guarantee, a replacement or a refund. We may require photographic evidence of the damage or defect.
Return Shipping: If a return is necessary due to an error on our part or the receipt of damaged or defective items, we will provide a prepaid return shipping label. For all other returns, the cost of return shipping will be the responsibility of the customer.

By completing a purchase through our website, you acknowledge and agree to abide by these terms and conditions regarding online purchases and refunds.

We reserve the right to modify or update these terms at any time, without prior notice. Changes will be effective immediately upon posting to our website. It is your responsibility to review these terms periodically for updates or changes.

Linking to the Website and Social Media Features

Linking: You may link to our website's homepage, provided that you do so in a manner that is fair, legal, and does not damage our reputation or take advantage of it. However, you must not establish a link in a way that suggests any form of association, approval, or endorsement on our part without prior written consent.
Social Media Features: Our website may include certain social media features that enable you to:
- Link from your own or certain third-party websites to specific content on our website.
- Share or send emails or other communications containing specific content or links from our website.
- Display limited portions of content from our website on your own or certain third-party websites.
Proper Use of Social Media Features: You may use these social media features solely as provided by us and solely with respect to the content they are associated with. You must not:
- Establish a link from any website that is not owned by you.
- Display our website's content on any other site without prior written permission.
- Link to any part of our website other than the homepage.
- Take any action inconsistent with these terms or the intended use of the social media features.
Compliance with Content Standards: Any website from which you link to our site or on which you make our content accessible must comply with all applicable content standards as outlined in our Terms of Use.
Discretionary Action: We reserve the right to withdraw linking permission and disable any or all social media features at any time without notice. We may also modify or remove any content associated with these features at our discretion.
Third-Party Websites: If our website contains links to third-party websites or resources, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the content of these sites and accept no responsibility for them or any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

By linking to our website or using our social media features, you agree to comply with these terms and any additional guidelines or instructions provided by us.

Geographic Restrictions

The owner of the Website is based in the State of Minnesota in the United States. We provide access to the Website for individuals located within the United States. While we strive to make the Website accessible to users worldwide, we make no claims regarding the legality or appropriateness of accessing the Website outside of the designated geographic region.

By accessing or using the Website from outside the designated geographic region, you acknowledge and agree that you do so at your own risk and are solely responsible for complying with any applicable laws and regulations in your jurisdiction. We do not warrant that the Website or its content is suitable or available for use in locations outside the designated geographic region.

Access to the Website may not be legal in certain countries or regions. If you choose to access the Website from outside the designated geographic region, you do so on your own initiative and are responsible for compliance with local laws. We disclaim any liability for any violation of local laws or regulations arising from your access to or use of the Website outside the designated geographic region.

Disclaimer of Warranties

You understand and agree that your use of the Website, its content, and any goods or services obtained through the Website is at your own risk. The Website, its content, and any goods or services obtained through the Website are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied.

Minnetonka Murals LLC and its affiliates, licensors, and service providers make no warranty or representation with respect to the completeness, security, reliability, quality, accuracy, legality, or availability of the Website. Without limiting the foregoing, Minnetonka Murals LLC, its affiliates, licensors, and service providers do not warrant or represent that:

the Website, its content, or any services or items obtained through the Website will be accurate, reliable, error-free, or uninterrupted;
defects will be corrected;
the Website or the server that makes it available are free of viruses or other harmful components; or
the Website or any services or items obtained through the Website will otherwise meet your needs or expectations.

To the fullest extent provided by the law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it.

Limitation on Liability

To the fullest extent permitted by law, in no event shall Minnetonka Murals LLC, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any circumstances or legal theory, arising out of or in connection with your use, or inability to use, the Website, any websites link to it, any content on the Website, or any goods or services purchased from the Company, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website or any goods or services we offer, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Minnesota.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Minnesota, in each case located in the County of Hennepin, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At the Company’s sole discretion, it may require You to submit any disputes arising from or related to these Terms of Use, use of the Website, your purchase or use of any products or services we sell, or any other interactions you may have with the Company, including disputes arising from or concerning the interpretation, violation, invalidity, non-performance, or termination of these Terms of Use, to final and binding arbitration. This arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA), and to the maximum extent applicable, the United States Arbitration Act (Title 9 of the United States Code).

Notwithstanding anything in this Agreement to the contrary, the Company may proceed to a court of competent jurisdiction to obtain equitable relief at any time. An arbitrator shall have no authority to award punitive damages or other damages not measured by the prevailing party's actual damages. To the maximum extent practicable, an arbitration proceeding under this Agreement shall be concluded within 180 days of submitting the dispute to arbitration. This arbitration clause shall survive any termination, amendment, or expiration of the Agreement. If any provision of this arbitration clause is found to be unenforceable, the remaining parts of the arbitration clause shall not be affected and shall remain fully enforceable.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

‌Entire Agreement

The Terms of Use, Privacy Policy, Disclaimers, and any additional terms you agree to when purchasing goods or services through the Website constitute the entire agreement between you and Minnetonka Murals LLC regarding the Website and goods and services obtained through the Website. These documents and policies supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, between you and Minnetonka Murals LLC.

This website is operated by Minnetonka Murals LLC. If you have any questions, comments, or concerns about these Terms of Use or the practices of this Website, please contact us at: TheTaraAiken@gmail.com

TERMS OF USE

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